points  on  :B\V2 
iwQ  a  THoree 


SHOWING    THE   MEANS    BY    WHICH 

UNSOUNDNESS    AND    FAULTS    MAY 

BE    DISCOVERED 

ALSO   THE   TRICKS  AND   METHODS 

FREQUENTLY    USED    TO    EFFECT 

SALES 

TOGETHER    WITH    AN    ELABORATE 

RESUME    OF    THE     HORSES    QUALI 

TIES    FITTING     HIM    FOR     SPECIAL 

PURPOSES 


Stcpbcn  IDan  IRenssclacr 


pointB  on  Bu^ 
tug  a  IHoree 


SHOWING    THE   MEANS    BY    WHICH 

UNSOUNDNESS    AND    FAULTS    MAY 

BE    DISCOVERED 

ALSO   THE   TRICKS  AND  METHODS 

FREQUENTLY    USED    TO    EFFECT 

SALES 

TOGETHER    WITH    AN    ELABORATE 

RESUME    OF    THE    HORSES    QUALI 

TIES    FITTING    HIM    FOR    SPECIAL 

PURPOSES 


Stcpben  IDan  IRensselaer 


Copyright,  1904 

By  Stephen  Van  Rensselaer 

All  Rights  Reserved. 


DEDICATION. 

To  E.  E.  S. — A  highly  esteemed  friend 
this  little  book  is  aiJectionately  dedi- 
cated. 

The  Author. 


Ill 


Digitized  by  tine  Internet  Archive 

in  2009  witii  funding  from 

Boston  Library  Consortium  IVIember  Libraries 


http://www.arcliive.org/details/pointsonbuyinglioOOvanr 


SIMON  H.  ROLLINSON 

COUNSELLOR  AT  LAW 

National  Bank  Building 

ORANGE,  N.  J. 


May  1,  1904. 
Stephen  Van  Eensselaer,  Esq., 

West  Orange,  New  Jersey. 
Dear  Sir: 

Pursuant  to  yonr  request,  I  have  pre- 
pared and  submit  herewith,  a  brief 
synopsis  of  the  law  governing  breach  of 
warranty  and  fraud  in  horse  sales.*  I 
have  not  gone  exhaustingly  into  the  sub- 
ject as  space  forbids.  I  have  avoided 
technical  terms  and  have  endeavored  to 
express  myself  so  as  to  be  easily  under- 
stood by  those  not  accusto-med  to  legal 
phraseology. 

Yours  very  truly, 
SIMON  H.  EOLLINSON. 


Embraced  in  Chapter  XI. 

V 


CONTENTS 


CHAP.  I. 
CHAP.  II. 
CHAP.  III. 

CHAP.  lY. 

CHAP.  Y. 

CHAP.  VI. 

CHAP.  YII. 
CHAP.  YIII. 
CHAP.  IX. 
CHAP.  X. 
CHAP.  XI. 


The  Horse  in  the  Stall. 

The  Trial. 

Examination     of    Head, 
ISTeek  and  Back. 

Examination    of    Front 

Legs. 

Examination    of    Front 
Feet. 

Examination     of     Hind 
Legs  and  Feet. 

About  the  Wind. 

The  Color  as  a  Guide. 

Points  About  the  Horse 

Tricks  of  the  Trade. 

Legal    Points    on    Buy- 
ing a  Horse. 


VI 


PEEFACE. 

The  horse  is  a  noble  and  useful 
animal,  yet  very  little  is  known  about 
him,  as  regards  good  and  bad  points,  by 
the  average  person.  In  consequence, 
when  bujdng  for  the  first  time,  the  buyer 
must  either  enlist  the  services  of  a  friend 
who  is  a  judge  of  a  horse,  employ  a 
veterinary  surgeon,  or  blindly  bid  in  a 
horse  at  auction  on  general  appearances 
and  trust  to  luck  that  he  will  turn  out 
satisfactorily. 

Such  persons  seem  to  forget  or  entire- 
ly disregard  the  fact  that  horses  when 
offered  for  sale,  especially  by  dealers,  are 
brought  to  the  best  possible  condition, 
perhaps  having  been  doctored  for  weeks 
prior  to  sale,  and  possibly  when  they  pass 
into  their  owners^  hands  will  steadily 
decline  and  be  almost  useless. 

My  aim  throughout  has  been  towards 
brevity  and  conciseness,  and  to  set  forth 
the  facts  without  the  use  of  technical 
terms,  and  while  I  do  not  anticipate  that 
this  little  book  will  fill  the  proverbial  long 
felt  want,  yet  I  feel  it  should  be  of  use 
to  others  than  "horse  jockies.''^ 

Of  course  the  remarks  which  follow, 
especially  on  the  tricks  of  the  trade,  are 
for  the  most  part  applicable  to  low  deal- 
ers only  . 

VII 


And  while  it  may  appear  that  there  is 
an  undue  risk  in  purchasing  a  horse  on 
account  of  the  many  ailments  and  dis- 
eases to  which  I  refer,  as  a  matter  of  fact, 
a  horse  afflicted  with  a  small  percentage 
of  them  would  indeed  be  an  object  of 
curiosity  and  pity!  Naturally  one  might 
be  deterred  from  buying,  knowing  the 
many  things  to  look  out  for,  but  close  and 
careful  examination  and  bearing  in  mind 
the  diseases,  the  indications  and  seats 
of  the  same,  coupled  with  a  little  horse 
sense  should  suffice  to  enable  the  selec- 
tion of  a  useful  horse  . 

Stephen  Van  Eensselaer. 

West  Orange,  N.  J.,  May,  1904. 


1^ 


VIII 


CHAPTER  I. 

The  Horse  in  the  Stall. 

Perhaps  the  most  important  time  to 
closely  watch  the  horse  yon  think  of 
bnying  is  when  he  is  at  ease  in  the  stall, 
as  much  can  be  f  onnd  out  then.  If  he  is 
of  a  cranky  or  mean  disposition,  he  will 
show  it;  when  being  harnessed  or 
saddled,  by  switching  his  tail,  or  stamp- 
ing, biting  or  kicking,  sometimes  jam- 
ming yon  against  the  side  of  the  stall,  or 
refusing  to  take  the  bit,  or  even  refusing 
to  leave  the  stable  without  considerable 
coaxing;  a  poor  horse  to  use  in  going  for 
the  doctor  when  your  grandmother  is 
dying. 

A  perfectly  sound  horse  will  seldom 
favor  any  leg,  unless  tired,  so  he  should 
stand  evenly  on  all  fours.  N^otice  if  he 
is  a  cribber,  which  can  generally  be 
found  out  by  looking  at  the  front  teeth, 
as  they  will  be  chipped  off  and  uneven. 
If  a  "windsucker,^^  this  is  a  bad  vice,  for 
the  horse  is  continually  placing  his  head 
on  the  manger  and  drawing  wind  into 
the  stomach;  look  for  marks  of  a  strap 
around  the  neck.  At  times  a  horse  is  so 
much  addicted  to  this  habit  that  when 


removed  to  a  box  stall,  where  there  is 
nothing  to  rest  the  head  on,  he  will  put 
his  head  against  his  foreleg. 

Another  habit  is  "weaving/^  rocking  to 
and  fro  without  moving  hind  quarters. 
Observe  also  if  he  "stands  over/^  which 
is  resting  the  heel  of  one  hind  foot  on 
the  front  of  the  other,  leaving  de- 
pressions or  scratches  on  hoof.  When  a 
horse  is  ''breeding spavins,"  as  it  is 
termed,  he  will  shift  the  weight  from 
one  hind  foot  to  the  other. 

Dealers  will  rarely  bandage  a  horse^s 
legs  unless  necessary,  as  the  marks  of  the 
bandages  are  evidences  of  weakness. 
However,  in  many  private  stables,  the 
horse^s  legs  are  bandaged  after  exercise, 
rather  as  a  matter  of  custom  than  of 
necessity.  Trotters  and  horses  doing 
fast  work  will  generally  be  bandaged,  not 
only  to  keep  the  ankles  from  swelling, 
but  to  strengthen  them.  So  one  must  be 
guided  by  circumstances. 


10 


CHAPTEE  II. 
The  Trial. 

When  the  horse  is  being  harnessed, 
notice  if  the  groo-m  uses  any  precautions. 
I  have  seen  him  give  the  horse  a  lump  of 
sugar  and  afterwards  ascertained  that 
the  horse  was  apt  to  balk  when  leaving 
the  yard,  or  sometimes  in  the  case  of  a 
very  high  strung  and  nervous  horse,  a 
lump  of  sugar  with  a  few  drops  of  some 
quieting  drug  had  a  wonderful  effect  in 
keeping  him  from  jumping  towards  the 
sky.  At  all  events  this  practice  is  never 
indulged  in  without  some  reason. 

Insist  upon  driving  yourself,  and  in 
spite  of  the  trained  groom^s  continuous 
desire  to  get  back  to  his  work  (which  is 
always  in  arrears  when  you  are  trying  to 
find  out  whatever  you  can  by  a  long 
drive)  go  out  for  a  good  drive,  as  it  is  the 
only  way  to  judge  of  the  horse^s  actions, 
manners  and  endurance,  and  ascertain  if 
he  shies  or  is  easily  frightened,  and  how 
he  is  bitted  and  trained.  Some  horses, 
while  perfectly  broken  to  a  curb  bit,  will 
balk  or  behave  badly  with  a  snaffle  bit,  and 
vice  versa.  The  same  is  true  when  being 
used  mth  English  or  round  collar,  and  a 

11 


Dutch  or  breast  collar.  It  is  well,  there- 
fore, to  try  both.  A  bad  trick  is  bolting 
or  kicking  when  the  reins  get  caught 
Tinder  the  tail,  or  when  leaving  or  coming 
into  the  yard.  If  for  saddle  use,  it  is 
best  to  mount  by  yourself,  as  frequently 
a  horse  will  rear  up,  plunge,  back  or  jump 
around,  if  not  held  by  the  bridle. 
Bronchos  and  other  horses  often  "buck,^^ 
and  send  you  over  their  heads  in  a  heap, 
a  very  unpleasant  occurrence  when  your 
best  girl  is  watching.  So  it  is  best  to  let 
the  groom  ride  him  first  and  then  you 
can  see  how  the  horse  looks  and  acts. 
As  the  saying  goes,  "You  can  cut  fine 
strips  out  of  another  man^s  leather.^^ 
Or,  in  other  words,  let  someone  else  have 
the  first  experience.  Upon  your  return, 
if  the  horse  has  suited  you  so  far,  pre- 
tend to  watch  another  horse  in  the  stable 
and  occasionally  glance  at  the  one  you 
tried,  to  see  if  he  favors  any  leg  or  ap- 
pears tired  out,  but  if  the  dealer  sees 
you  are  watching  any  particular  horse, 
he  will  keep  touching  him  with  the  whip 
to  make  him  "stand  up.^^ 

At  times  you  will  come  across  a  horse 
that  will  only  drive  double  on  one  side  of 
the  pole;  or,  when  saddled,  can  only  be 
mounted  on  the  near  side. 

There  should  be  no  variation  in  the 
gait,  both  front   legs   should   be   raised 

12 


and  strike  the  ground  in  the  same 
manner,  which  is  also  equally  true  with 
regard  to  the  hind  legs. 

Always  try  a  horse  without  the  check- 
rein,  as  this  will  sometimes,  if  he  is 
checked  very  high,  almost  hide  a  slight 
lameness,  and  it  certainly  makes  a  horse 
step  out  better. 


13 


CHAPTER  III. 

Examination  of  Head,  l^eek  and  Back. 

Look  at  the  top  of  the  head  for  poll- 
evil,  which  is  an  abscess,  caused  by  dis- 
ease of  the  bone  or  from  a  blow.  Dis- 
eases of  the  ear  are  infrequent  and  are 
noticeable  as  the  horse  shakes  his  head  or 
objects  to  his  ear  being  felt  and  objects 
to  the  collar  or  bridle  being  put  on,  but 
fortunately  deafness  is  seldom  observed 
in  horses. 

The  eyes,  of  course,  should  be  exactly 
the  same  and  free  from  specks  and  not 
cloudy  or  whitish. 

Some  horses  have  what  is  called  a 
"watch  eye.^^  It  is  also  called  a  pearl 
eye,  and  the  eye  instead  of  being  dark,  is 
whitish,  but  I  do  not  know  that  it  does 
any  particular  harm. 

Also  in  some  horses  part  of  the  white 
of  the  eye  is  exposed  and  by  many  it  is 
thought  to  indicate  an  ugly  temper,  and 
while  this  may  have  no  special  signi- 
iicance,  it  seems  to  me  to  denote  a  spir- 
ited, fearless  disposition. 

Moonblindness — this,  perhaps,  is  the 
most  frequent  and  serious  disease  of  the 
eye,  and  may  be  discovered  by  a  profuse 

14 


flow  of  tears  and  the  eye  is  dim  and 
cloudy,  and  the  edge  yellow.  The  eye- 
lids should  not  be  red  or  swollen.  If  the 
cornea  has  a  yellowish  tinge,  the  horse 
is  suffering  from  liver  disease  or  the 
yellows. 

In  moonblindness,  the  horse  very 
often  carries  the  head  on  one  side,  with 
ears  erect,  as  though  listening. 

Horses  with  any  affection  of  the  eyes 
are  sometimes  called  "buck-eyed.^^ 

Often  one  or  both  the  eyes  will  be 
circled  by  a  whitish  ring,  caused  by  a 
blow  or  bruise  on  the  eye,  but  this  is  not 
at  all  harmful. 

Pinch  the  nostrils  together  for  a  short 
time  so  the  horse  cannot  breathe,  and 
when  the  fingers  are  removed,  the  horse 
will  snort,  and  if  he  blows  out  any  thick 
mucuous,  he  probably  has  a  cold.  There 
should  be  no  discharge  or  running  from 
the  nose. 

In  glanders,  which  is  incurable,  the 
mucuous  is  fetid,  and  streaked  with  blood 
and  there  are  enlargements  under  the 
jaw  and  sometimes  a  bloody  dischara^e 
from  the  nostrils,  especially  from  the 
right  one. 

In  liver  disease  the  inside  of  the  lips 
and  nose,  as  well  as  the  eye,  is  of  a  j^el- 
lowish  tinge,  instead  of  a  pale  pink.  If 
the  inside  of  the  nose  is  of  an  increased 
red,  it  shows  some  excitement  of  the 
svstem;   a  streaked  appearance,  inflam- 

15 


mation;  pale  ground,  with,  patches  of 
vivid  red,  subsiding  fever;  paleness  ap- 
proaching to  white,  debility;  and  dark 
livid  color,  very  low  condition. 

The  teeth  should  be  even,  so  that  the 
horse  can  grind  his  food  properly. 
Horses  whose  teeth  are  uneven  loose 
flesh  rapidly  without  any  apparent  cause. 

If  the  breath  is  offensive,  he  is  prob- 
ably suffering  from  indigestion  or  dys- 
pepsia, or  from  ulcers  from  bit;  in  the 
former,  white  marks  appear  on  the 
tongue  and  sides  and  top  of  the  mouth. 

A  horse  is  said  to  be  "parrot-mouthed^^ 
when  the  upper  teeth  project  over  the 
lower  ones,  and  the  teeth  of  both  jaws 
become  very  long.  Horses  with  this  de- 
formity have  much  trouble  in  grazing. 

Another  affection  is  called  "lampas,^^ 
the  mucuous  membrane  swells  and  pro- 
jects behind  the  upper  front  teeth.  It 
is  said  to  arise  from  slight  disorders  of 
the  stomach,  and  at  times  interferes  with 
mastication. 

If  horses  "quid^^  their  food  or  slobber, 
or  show  pain  in  eating  or  drinking  by 
holding  the  head  to  one  side,  their  teeth 
should  be  examined. 

The  tongue  also  should  be  carefully 
looked  at,  as  sometimes  it  is  badly  cut  by 
the  bit  or  sore  from  the  same  cause.  I 
once  saw  a  horse  whose  tongue  was  al- 
most cut  through  by  the  bit  and  about 

16 


three  inches  of  it  had  to  be  removed,  but 
after  it  was  healed  up,  he  seemed  to  get 
along  just  as  well  as  before  and  suffered 
no  inconvenience. 

In  distemper  or  strangles,  usually  in 
young  horses,  a  swelling  appears  between 
the  lower  jaw  bones.  Also  a  hard  lump 
or  swelling  is  sometimes  seen  on  the 
windpipe  just  below  the  jaw. 

Look  under  the  tongue  for  wounds 
from  the  bit.  Occasionally  in  pullers,  a 
wound  will  be  made  by  a  curb-bit  almost 
through  the  jaw.  In  such  cases,  and 
others  of  the  mouth,  there  is  generally  a 
flow  of  saliva  from  the  mouth. 

"Scald  mouth'' — small,  hard  lumps, 
caused  by  chain  on  the  curb-bit,  on  the 
under  part  of  the  lower  jaw.  It  seems  to 
do  no  harm,  but  it  is  a  blemish. 

A  few  horses  have  backs  that  curve 
outwards  and  are  called  "roached- 
backed.''  It  is  hard  to  keep  a  saddle 
from  slipping  forward,  and  their  backs 
are  liable  to  gall.  They  generally  over- 
reach, and  carry  their  heads  low. 

The  neck  is,  especially  under  the  mane, 
the  place  to  look  for  mange.  It  also  ap- 
pears on  the  head.  The  throat  and 
windpipe  should  be  free  from  lumps  and 
swelling. 

A  lump  is  often  seen  on  the  withers 
and  is  called  a  fistula;  they  also  appear 
on  the  shoulders  and  the  poll  (poll-evil), 
and  in  the  foot  (quittor). 

17 


Fistulas  are  generally  deep-seated  and 
hard  to  cnre.  If  the  horse  is  strained  in 
the  back  or  has  any  kidney  trouble,  he 
will  bend  or  droop  when  pressed  on  the 
back  over  the  kidneys;  or  if  driven  and 
suddenly  stopped,  he  will  arch  his  back 
and  throw  the  hind  legs  way  nnder  him; 
and  when  ridden,  will  scarcely  lift  his 
hind  legs;  he  also  tnrns  with  difficulty. 
Such  horses  are  only  good  for  very  light 
driving,  and  even  then  are  unsatisfactory. 
Dealers  term  these  horses  "kidney- 
droppers.^^ 

Every  sound  horse  will  yield  more  or 
less  to  pressure  on  the  spine,  but  will  not 
evince  pain,  as  in  the  case  of  a  strain. 
Straddling  gait  is  another  sign  of  kidney, 
or  bladder  trouble. 

Notice  if  the  hips  are  level  or  not,  and 
whether  one  side  is  more  prominent  than 
the  other.  Kot  long  ago  I  saw  a  horse 
whose  left  hip  cap  was  gone,  and  upon 
inquiry,  found  out  it  had  been  knocked 
olf  when  he  was  very  young  in  rising  in 
the  stall.  There  was  no  scar  or  any 
lameness,  he  was  a  handsome  horse,  but 
only  brought  $15.00  at  auction. 

Surfeit  is  a  disease  of  the  skin  appear- 
ing in  the  Spring  in  fat  horses,  and  is 
known  by  lumps  about  the  size  of  a  pea, 
covering  the  body. 

Warts  are  generally  seen  in  young 
18 


horses,  and  appear  about  tlie  head,  lips 
and  beneath  the  belly,  bnt  may  develop 
on  other  parts  of  the  horse. 

"Sitfasts"  are  sores  from  badly  fitting 
harness  and  nsnally  appear  on  the  back 
nnder  saddle  or  on  the  neck  or  nnder 
breeching. 

The  coat  should  be  sleek  and  healthv: 
the  horse  is  said  to  be  hide-bound  when 
the  skin  appears  to  adhere  to  ribs  and 
the  coat  is  rough  and  unthrifty.  Often 
the  horse  that  is  quartered  in  a  cold 
stable  without  blankets,  or  one  that  has 
received  no  care,  will  have  a  rough 
staring  coat,  but  may  be  perfectly 
healthy. 

Boils  may  appear  on  any  part  of  the 
skin,  but  are  especially  common  on  the 
lovrer  part  of  the  li'mbs,  on  the  shoulders 
and  the  back. 

^''Bishoping^^  is  an  operation  practiced 
on  old  horses  by  cutting  off  their  front 
teeth  in  order  to  give  them  the  appear- 
ance of  a  young  horse.  I  believe  the 
teeth  are  first  cut  off,  then  holes  or  cups, 
as  they  are  called,  are  drilled  in  them, 
and  finally  nitric  acid  is  put  into  the 
cavities  to  cause  the  black  appearance  in 
the  centre  of  the  teeth  usual  in  young 
horses.  This  operation  should  never  be 
misleading,  as  the  other  indications  of 
old  age  are  very  apparent  and  will  be 
described  under  another  head. 


19 


CHAPTEE  V. 
Examination  of  Fore  Legs. 

When  examining  the  fore  legs,  look  at 
the  horse  from  the  side,  and  notice  if  he 
has  a  shoe-boil ;  that  is,  a  sac  at  the  point 
of  the  elbow  containing  fluid,  caused  by 
the  heel  of  the  shoe  resting  against  the 
elbow,  or  from  the  cannon  bone  being 
very  long,  or  the  heel  of  shoe  being  too 
much  elongated,  or  from  the  way  in 
which  the  horse  rests.  It  is  unsightly, 
and  very  apt  to  return  if  removed,  par- 
ticularly if  there  are  predisposing  causes. 

Some  horses  are  such  old  stumblers 
that  in  falling  they  receive  cuts  on  the 
nose  and  head.  After  passing  your  hand 
over  the  knee  or  other  suspicious  spot,  to 
see  if  there  is  a  scar  or  swelling,  notice 
if  it  smells  of  liniment;  or  push  back  the 
hair  and  see  if  the  skin  is  blistered  or 
warm,  indicating  inflammation,  and  the 
hair  over  the  injured  part  is  almost  al- 
ways somewhat  curled,  but  the  scar  may 
have  been  concealed  by  applications  of 
different  colored  ointments  or  other 
coloring  matter  to  suit  the  color  of  the 
hair. 

20 


Arched  knees  are  those  inclining  out- 
ward and  are  good  for  work  horses,  while 
the  reverse  is  called  "calf-knees/^ 

Swelled  tendons  can  easily  be  discov- 
ered, as  the  leg  is  stiff  (if  it  has  not  heen 
well  rubbed  with  liniment)  and  the  ten- 
dons are  much  thicker  than  usual. 

Sometimes  a  horse  that  has  been  badly 
foundered  or  improperly  treated  for 
founder,  Avill  be  left  very  stiff  in  the  legs, 
causing  him  to  strike  his  ankles,  which 
sooner  or  later  become  enlarged  and 
callous  on  the  inside,  so  that  boots  are 
necessary. 

A  bony  enlargement  or  growth,  usually 
on  the  inside  of  the  fore  leg,  generally 
mid-way  between  the  knee  and  pastern 
Joint,  is  called  a  splint,  and  while  not 
considered  unsoundness,  by  many,  it  is 
best  not  to  buy  a  horse  thus  affected,  un- 
less you  are  sure  it  is  not  caused  by 
faulty  confirmation  or  the  other  good 
points,  or  price  overbalance  this  blemish. 

Frequently,  when  a  horse  is  run  down, 
from  whatever  reason,  he  will  "throw^^  a 
splint,  which  will  nine  times  out  of  ten 
cause  lameness,  until  it  has  gotten  its 
growth,  after  which  it  may  not  trouble 
him  further.  Young  horses  often  have 
splints,  but  they  seldom  are  of  a  serious 
nature,  unless  on  the  tendons. 

When  you  suspect  a  horse  of  hitting, 
put  a  little  hoof  dressing  or  chalk  on  the 
inside  of  the  hoof,  and  if  he  strikes  it 

21 


will  leave  a  mark  on  the  opposite  ankle; 
or  watch  closely  as  he  approaches  yon.  A 
horse  that  interferes  is  ohvionsly  unfit 
for  saddle,  as  he  is  liable  to  fall  on  his 
knees. 

Interfering  is  generally  due  to  faulty 
confirmation  and  the  parts  where  the 
horse  hits  are  swollen  and  tender.  In 
trotters,  it  is  seen  by  occasionally  stum- 
bling or  unsteady  gait.  Sometimes  one 
leg  is  a  little  colder  than  normally,  and 
I  believe  this  is  often  so  in  rheumatism. 

In  liver  diseases,  there  is  a  lameness 
in  right  fore  leg  or  shoulder.  In  shoulder 
lameness,  the  horse  steps  long  with  the 
sound  leg  and  short  with  the  lame  leg, 
and  the  very  reverse  in  strains  of  the 
flexor  tendons. 

Navicular  disease  is  often  mistaken 
for  shoulder  lameness.  In  the  latter,  the 
horse  rests  the  toe  on  the  ground,  and  if 
the  leg  is  pulled  forward,  he  will  evince 
miuch  pain.  A  horse  is  said  to  be 
"knuckled^"  when  the  pastern  becomes 
more  nearly  perpendicular;  it  is  also 
called  "cocked'^  ankles,  and  predisposes 
to  stumbling.  Horses  with  erect  pasterns 
are  prone  to  knuckle,  especially  in  the 
hind  legs.  Weak  or  sprung  knees  are 
verv  noticeable,  as  the  leg  inclines 
slightly  forward  and  the  leg  will  very 
often  quiver  when  the  horse  is  standing. 

"Wind  galls  are  puffs  on  the  ankles. 

22 


Sprained  ankle,  generally  in  fore  legs, 
is  occasioned  by  a  misstep,  stumbling  or 
diseases  of  leg  or  foot.  Sometimes  in  a 
slight  sprain  there  is  no  lameness,  but 
only  a  little  soreness,  but  if  badly 
sprained  the  joint  swells  and  is  very 
feverish. 

Eingbone  may  appear  in  either  the 
ankles  of  the  front  or  hind  legs,  and  is 
often  very  hard  to  detect,  unless  there 
be  lameness.  When  in  the  fore  ankle, 
while  the  horse  is  in  action,  the  heel  is 
placed  on  the  ground  first,  but  in  the 
hind  leg  the  toe  strikes  the  ground  first, 
as  it  does  in  a  sound  leg,  but  in  both 
cases  the  ankle  is  held  as  rigid  as  pos- 
sible. Coarse-bred,  heavy  horses,  or  those 
with  upright  joints  and  with  small  feet 
and  high  action  are  oftenest  subjects.  In 
well-bred  horses,  it  usually  appears  in 
the  hind  ankle.  The  predisposing  causes 
are  high  calks  on  the  shoes  and  shorten- 
ing the  toe  too  much  in  shoeing.  Grease 
is  an  affection  of  the  heels  and  is  easily 
discovered  on  account  of  a  sore  and  by 
the  fetid  odor  coming  therefrom,  usually 
in  hind  legs.  It  is  most  common  in 
coarse-bred  horses. 

Scratches  or  cracks  running  trans- 
versely on  the  hollow  of  the  heels  are  very 
troublesome  in  cold  weather,  as  they  are 
apt  to  open  each  time  the  horse  goes  out. 
23 


A  horse  is  said  to  be  "groggy"  when 
there  is  a  knuckling  of  fetlock  joint  or 
tottering  of  whole  of  leg,  or  unsteady 
gait  in  the  front  legs. 

^N'eurotomy  is  the  name  of  the  follow- 
ing operation,  also  called  "nerved"  or 
"unnerved,"  which  consists  in  cutting 
out  the  principal  nerve  of  the  leg  for  the 
purpose  of  destroying  the  sensation  of 
foot  in  cases  of  acute  lameness  of  that 
part,  arising  from  incurable  diseases, 
such  as  navicular  disease.  When  this 
has  been  done  there  will  be  a  'mark  of  a 
cut  some  inches  in  length  and  a  little  be- 
low or  above  the  pastern  joint. 

If  you  suspect  this,  run  a  pin  into  the 
skin  above  the  coronet,  and  if  the  horse 
does  not  manifest  any  great  degree  of 
sensibility,  set  him  down  as  having  been 
nerved.  Horses  nerved  may  work  well 
for  years,  but  at  other  times  the  hoof 
■perishes  and  drops  off! 

There  will  often  be  a  scar  or  the  hair 
turned  back  on  the  front  ankles,  caused 
by  too  little  or  no  bedding. 


24 


CHAPTER  YI. 

Examination  of  Fore  Leg. 

The  feet  should  be  the  same  size  and 
equally  cool,  circular  and  gradually  in- 
creasing in  size  as  they  proceed  down- 
wards, the  sole  concave  and  the  more  it 
approaches  to  flatness  the  more  tender 
the  foot.  N'otice  how  much  better  a  flat- 
footed  horse  travels  on  sof e  ground.  The 
frog  projects  inwards  and  forwards, 
somewhat  in  the  shape  of  the  letter'  V. 
It  should  be  spongy  and  elastic  to  admit 
of  spreading  of  the  heel.  The  foot  if  it 
slopes  very  much  forward,  it  is  a  chance 
if  it  be  not  bordering  on  disease  and  its 
obliquity  throwing  the  horse  too  much 
on  his  heel  produces  tenderness  of  the 
part  and  straining  of  the  back  sinew  of 
the  leg. 

If  the  front  and  sides  of  the  feet  be 
marked  with  circular  depressions  run- 
ning parallel  to  the  coronet,  it  is  almost 
certain  that  the  horse  has  been  founder- 
ed, in  which  case  he  is  generally  left  stiff 
and  sore,  depending  upon  the  severity  of 
the  attack,  and  the  pro-mptness  of  the 
treatment.    At  times,  however,  the  horse 

25 


is  left  none  the  worse^  and  is  as  useful 
and  supple  as  ever.  See  that  the  position 
of  the  feet  is  correct. 

Club  feet  are  those  whose  walls  are  al- 
most upright,  in  which  case  the  heels 
are  high  and  the  ankle  joint  is  thrown 
forward  and  the  weight  of  the  horse  is 
pnt  on  the  toes. 

Horses  are  said  to  be  "pigeon-toed^^ 
when  the  feet  turn  in  or  out,  or  are  not 
the  same  size,  one  side  of  the  wall  being 
higher  or  lower  than  the  other.  Such 
horses  are  prone  to  interfere  and  are  gen- 
erally very  slow  and  "dish"  when  travel- 
ing,— that  is,  when  the  foot  is  poised  in 
the  air,  it  will  twist  to  one  side  (out- 
ward) at  each  movement. 

Side-bones,  generally  in  the  front  feet, 
are  often  concomitant  with  navicular 
disease,  contracted  feet,  quarter  crack, 
ringbone,  and  wounds  of  the  foot.  Most 
often  in  saddle  horses  and  horses  doing 
fast  or  heavv  work.  The  step  is  shorter 
than  natural  and  the  toe  of  the  foot  first 
hits  the  ground.  The  horse  is  stiif  and 
sore,  but  improves  after  exercise.  There 
is  also  great  heat  in  the  foot.  Navicular 
disease,  commonly  called  coffin-joint 
lameness,  generally  in  fore  feet,  and 
thoroughbred  horses,  yet  no  class  is  with- 
out it.  The  disease  is  practically  incur- 
able and  as  the  symptoms  in  the  early 
stages  are  very  obscure,  it  is  difficult  to 
detect.     The  horse  may  point  the  feet 

26 


while  at  rest  and  when  put  to  work  may 
take  a  few  lame  steps  and  then  travel 
normally  the  rest  of  the  day.  Then 
again  he  may  be  lame  for  some  time  and 
after  a  rest  over  night  be  without  signs 
of  lameness,  bnt  it  may  come  on  again 
at  any  time.  Intermittent  lameness,  if  I 
may  nse  the  expression,  finally  becoming 
chronic,  seems  to  be  the  best  explanation 
possible. 

Quittor  in  various  forms  is  an  affection 
of  the  foot  taking  the  form  of  an  nicer 
generally  appearing  on  the  heels  and 
quarters. 

Thrush  is  a  disease  of  the  cleft  of  the 
frog  and  is  readily  found  on  account  of 
the  fetid  smell  emitted  therefrom.  It  is 
more  often  to  be  found  on  the  hind  feet 
of  mares  and  fore  feet  of  horses  and  sel- 
dom causes  lameness,  except  jn  old  cases, 
where  the  whole  frog  is  diseased.  In 
the  fore  feet,  thrush  and  contraction 
usually  are  found  together.  Contracted 
heels,  generally  in  the  fore  feet,  can  be 
discovered  as  the  foot  has  loet  its  circu- 
lar shape  and  the  walls  from  the  quarters 
backward  approach  to  a  straight  line,  and 
the  foot  is  very  dry  and  hard,  the  parts 
towards  the  heels  scaly,  while  fissures 
more  or  less  deep,  may  be  seen  at  the 
quarters  and  heels  following  the  direc- 
tion of  the  horn  fibers.  Contracted  heels 
are  often  recurrent  with  thrush,  splint, 

27 


ringbone,  canker,  navicular  disease,  corns 
and  other  diseases. 

The  horse  with  contracted  feet,  if  he 
goes  sound,  is  better  than  another  mth 
open  bnt  weak  heels. 

The  horse  with  contracted  heels  while 
not  lame  except  in  advanced  cases  is 
nsnally  sore  in  the  affected  feet  and  in 
the  earlier  stages  he  frequently  shifts  the 
weight  from  one  foot  to  the  other,  as  in 
the  hind  legs  when  "breeding  spavins/^ 

Canker  is  a  disease  of  the  foot,  attack- 
ing the  sole  and  the  frog  and  generally 
originates  from  an  injnry.  It  may  be 
detected  by  the  offensive  odor  of  the  foot, 
and  the  thin  discharge  from  the  cleft 
and  sides  of  the  frog  and  the  rotting 
away  of  the  horn  of  the  sole  and  frog. 

Corns,  generally  in  the  front  feet,  and 
most  frequent  and  serious  in  horses  with 
flat  soles  and  low,  weak  heels,  the  pre- 
disposing causes  are  high  heels  on  the 
shoes,  contracted  heels,  wide  feet  with 
low  heels,  high  knee  action  on  hard  roads 
or  when  dry  dirt  or  small  stones  collect 
under  the  shoe,  but  in  most  cases  caused 
primarily  by  the  shoe  pressing  upon  the 
sole  or  leaving  the  shoe  on  too  long,  will 
often  cause  a  slight  lameness  or 
stumbling  and  shoes  must  be  reset  often. 
Do  not  often  occur  in  outside  heel,  as  it 
is  of  a  stronger  construction  than  inside 
one.  Corns  are  of  a  very  common  oc- 
currence and  are  hard  to  get  rid  of,  and 

28 


can  be  easily  discovered  by  reason  of 
their  red  color,  if  it  is  not  concealed  by 
hoof  dressing  or  other  dark  coloring 
matter. 

Leaving  the  shoe  on  too  long  will  often 
cause  a  shght  lameness  or  stumbling  and 
shoes  must  be  reset  often.  Do  not  often 
ocenr  in  outside  heel  as  it  is  of  a  strong- 
er construction  than  inside  one.  Corns 
are  of  very  common  occurrence  and  are 
hard  to  get  rid  of,  and  can  be  easily  dis- 
covered by  reason  of  their  rod  color,  if 
it  is  not  concealed  by  hoof  dressing  or 
other  dark  coloring  matter. 

Wounds  of  the  foot  are  usually  caused 
by  a  nail  or  other  sharp  object,  and  more 
often  happens  to  a  flat-footed  horse  than 
others. 

Pumiced  sole.  Instead  of  the  sole 
being  hard  and  firm,  it  is  often,  near  the 
toe,  inclined  to  crumble.  Most  often  con- 
comitant with  founder.  The  sole  is  con- 
vex instead  of  concave,  making  the  foot 
particularly  liable  to  bruises. 

Sand  crack  is  a  fissure  or  crack  in  the 
horn  of  the  wall  of  the  foot.  They  may 
appear  on  any  part  of  the  wall.  When  in 
front,  they  are  called  toe-cracks,  on 
lateral  parts  of  the  walls,  they  are  known 
as  quarter-cracks.  Toe-cracks  are  most 
common  in  the  hind  feet,  while  quarter- 
cracks  nearly  always  appear  in  the  front 
feet.  Small  feet  and  very  large  feet  are 
most    often    liable.      The    predisposing 

29 


causes  are  contracted  heels,  and  in  those 
where  the  toe  turns  out  or  inside  quarter 
turns  under,  heavy  shoes,  large  nails  set 
too  far  back  towards  the  heels  and  such 
diseases  as  canker,  quitter,  grease  and 
suppurative  corns.  Fast  work  on  hard 
roads,  jumping,  blows  on  coronet,  are 
accidental  causes  of  cracks.  Lameness 
is  greater  going  down  hill  than  up. 

Much  can  be  found  out  by  looking  at 
the  shoes,  if  the  horse  over-reaches,  that 
is,  strikes  the  heels  of  the  fore  feet  with 
the  toes  of  the  hind  feet,  the  ends  of  the 
front  shoe  will  be  shortened  and  the 
shoes  on  the  hind  leet  set  back.  If  he  be 
shod  with  a  side-weighted  shoe,  he  prob- 
ably interferes.  If  shod  with  a  bar  shoe, 
there  is  something  faulty  about  the  feet. 
Often  a  horse  having  tender  feet  will  be 
shod  with  such  a  shoe  and  a  leather  pad. 
Any  variation  in  shoeing,  therefore,  must 
be  viewed  with  suspicion. 

There  is  no  use  asking  a  dealer  why 
he  is  shod  this  way  or  that  wuy,  because 
he  will  always  have  a  ready  answer,  and 
vou  v/ill  be  no  wiser  than  before,  besides 
showing  him  you  are  "green.  "^ 

The  fore  feet  are  most  likely  to  be 
diseased  and  the  hind  legs  are  most  apt 
to  be  affected. 


30 


CHAPTEE  YL 
Examination  of  the  Hind  Leffs  and  Feet. 


■'O'- 


Many  of  the  diseases  and  affections  oe- 
ciiring  in  the  fore  legs  and  feet  are  also 
to  be  found  in  the  hind  legs  and  feet. 

If  the  horse  have  straight  hind  legs, 
he  will  not  have  mneh  action.  The  same 
is  true  of  cow  or  "curby  hocked^^  horses, 
that  is  when  standing,  the  hocks  are  close 
together,  inclining  inward,  and  the  feet 
are  turned  out,  the  ligament  is  apt  to  be 
sprained,  which  is  called  a  curb.  The 
hind  legs,  like  the  fore  legs,  should  be 
flat.  If  the  horse  stands  with  his  hind 
legs  much  under  him,  it  is  a  sign  of  weak 
back  and  kidnev  trouble.  Spavin  is  a 
disease  affecting  only  the  hock-joint. 
Bone  spavin  is  to  be  found  on  the  inside 
and  in  front  of  the  joint,  and  is  a  bony 
enlargement,  most  easily  discovered  by 
looking  at  the  hocks  from  in  front  of  the 
horse. 

'^'Bog  spavin,^^  so  called,  is  found  in 
front  of  the  hock  joint  and  is  a  soft 
swelling  seldom  causing  lameness. 

Blood  spavin,  so  called,  is  about  the 
same  as  the  above,  but  generally  covering 
the  hock-joint  on  all  three  sides,  namely, 

31 


front,  inside  and  outside,  and  making  the 
leg  look  rounded,  called  "thoroughnin/^ 
When  horses  are  "breeding^^  bone  spavin 
very  often  the  lameness  is  believed  to  be 
in  the  hip,  as  there  appears  to  be  nc-.  en- 
largement as  yet  of  the  joint.  The  horse 
is  lame  on  starting  but  after  exercise  he 
will  travel  better,  becoming  lame  again 
after  standing. 

By  the  application  of  cocaine  or  other 
drugs  the  pain  may  be  alleviated  tem- 
porarily, causing  the  horse  to  us58  the 
aifected  ]eg^  almost  as  in  the  sound  state, 
or  a  strong  blister  around  the  joint  will 
sometimes  stop  the  lameness,  great  care 
therefore  should  be  exercised  when  e:^- 
amining  this  part. 

The  lameness  will  be  more  apparent 
if  the  horse  is  ridden,  as  the  shock  on 
placing  the  foot  to  the  ground  will  be 
greater,  intensifying  the  pain,  and  there- 
fore caasing  greater  lameness. 

Curb  is  a  swelling  below  the  point  of 
the  hock  joint  and  is  mo^st  coiamon  in 
horses  v/ith  the  hocks  inclin'ng  forward 
(cow  or  curby  ho'-k).  Capped  hock,  is 
a  swelling  on  the  point  of  the  hock  joint, 
caused  by  kicking  in  the  stable  or  in 
harness,  or  from  lying  upon  the  bare 
floor. 

Strin^halt  is  known  by  the  peculifi'' 
jerky  motion  of  the  affected  leg  and  is 

32 


most  easily  discovered  by  backing  the 
horse,  when  the  difference  in  lifting  the 
legs  will  be  most  apparent,often  both 
leers  affected,  even  then  very  noticeable. 
Bone  spavin  splint  and  ringbone  are 
practically  the  same,  except  that  they 
appear  on  different  parts  of  the  legs. 


33 


CHAPTER  VII. 

About  the  Wind. 

How  to  judge  of  the  wind  is  hard, 
enough  ,  but  it  is  still  more  difficult  to 
describe  the  indications,  so  that  they  will 
be  comprehensible. 

By  pinching  the  wind  p:'pe,  thu^  njak- 
ing  the  horse  cough,  and  judging  by  the 
sound  of  the  cough  is  the  way  many  rely 
on.  If  after  pinching  the  wind-pipe,  the 
horse  gives  one  long,  shrill  cough,  his 
wind  is  supposed  to  be  good,  but  if  his 
cough  be  short,  hollow  and  easily  excited 
bv  gently  pressing  the  wind-pipe  and 
frequently  repeated,  he  is  set  down  as 
having  unsound  lungs. 

^ow  place  the  horse  against  the  wall 
and  hold  his  head  up  high  and  suddenly 
give  him  a  smart  punch  with  the  fist  or 
stick  under  the  belly  and  if  he  gives  a 
grunt  at  each  blow  he  is  what  is  called 
a  "roarer";  but  if  after  jumping  from 
the  blows  he  receives,  you  hear  him  ^'sob- 
bing,'^  as  it  were^  and  drawing  his  breath 
quickly,  the  chance  is  he  is  a  "whistler." 
Some  "roarers"  will  not  cough  at  all,  so 
either  run  him  up  hill  or  have  him  run 

34 


and  stopped  sliort  and  then  listen  if 
there  is  any  impediment  in  the  breathing. 

If  the  horse^s  belly  swell  out  and  then 
contract  equally  and  regularly,  his  wind 
will  probaby  be  found  to  be  good;  but  if 
on  the  inspiration  the  retraction  of  the 
belly  and  flanks  appear,  as  it  were,  to  stop 
before  completed  and  then  to  be  for- 
cibly continued,  the  flanks  being  very 
much  drawn  in  and  the  borders  of  the 
serrated  muscles  of  ribs  rendered  very 
apparent,  the  horse  is  either  absolutely 
broken-winded,  or  "touched^^  in  the  wind. 
Broken  wind  is  also  called  "heaves" — 
from  the  manner  of  breathing  described 
above — and  to  the  experienced  horseman 
the  peculiar  movement  of  the  flanks  is 
very  apparent.  The  horse,  however,  does 
not  always  manifest  the  peculiar  breath- 
ing unless  exerted,  the  cough  accompany- 
ing the  disease  is  also  peculiar  to  it  ;  it  is 
short,  not  unlike  a  grunt. 

Frequently  a  quantity  of  shot  mixed 
with  tallow,  this  extraordinary  as  it  may 
appear,  and  difiicult  as  it  is  to  account 
for  "nhvsiologically,  will  prevent  the  horse 
from  showing  the  usual  symptoms  of 
broken  wind  for  some  time,  though  ob- 
viously it  cannot  do  the  horse  any  per- 
manent good,  while  it  may  injure  him. 

If  you  suspect  the  horse  is  doctored  to 
hide  the  indications,  give  him  as  much 
water  as  he  will  drink  and  then  run  him 
up  hill  if  possible,  and  if  his  wind  is  not 

35 


good  he  will  puff  and  blow  and  appear 
very  'much  exhausted.  Eiding  the  horse 
up  hill  as  fast  as  possible  is  always  the 
best  and  surest  way  of  testing  the  wind. 

Some  horses  while  not  broken  winded 
will  grunt,  it  being  more  apparent 
coming  down  hill,  especially  if  he  can 
get  his  head  down.  Wheezing  is  about 
the  same  as  whistling,  and  is  caused  by 
enlarged  glands  or  thickening  of  the 
membrane  of  the  wind-pipe.  Such  horses 
are  also  said  to  be  "thick-winded,^''  and 
are  left  so  from  an  attack  of  influenza, 
distemper,  etc.,  or  from  improperly 
treating  the  same. 

Thumps  in  a  horse  is  analogous  to 
hiccough  in  man.  Horses  with,  chronic 
coughs  will  generally  cough  after  drink- 
ing cold  water  and  in  the  morning,  some- 
times in  paroxysms  or  only  occasionally. 

"Hi^h-blowing"  is  a  habit  and  has 
nothing  to  do  with  roaring.  It  is  a 
noise  made  by  the  nostrils  and  when  the 
horse  is  put  to  hard  exercise,  the  noise 
will  cease,  such  a  horse  is  called  a  'Tiigh- 
blower.^^ 

The  long-necked  horse  predisposes  to 
roaring  and,  like  humans  so  formed,  are 
generally  weak.  Extremely  fat  horses 
with  short  necks  have  good  wind,  but 
predisposed  to  congestion  of  the  brain. 
Not  long  ago  I  saw  a  horse  die  from  this 
cause  and  the  coachman  said  "indi- 
gestion^^ of  the  brain  killed  him. 

36 


A  horse  having  a  circular  chest  gen- 
erally has  '^thick"  wind.  The  horse 
whose  wind-pipe  is  curved  generally  has 
better  wind  than  others.  Round  eliested 
horses  are  said  to  be  prone  to  heaves 

Tracheotomy  is  a  surgical  operation 
by  which  the  treachea,  or  wind-pipe,  is 
opened.  It  is  an  operation  that  is  re- 
sorted to  when  the  throat  is  stopped  up 
and  admission  of  air  to  the  lungs  is  ob- 
structed. About  six  inches  below  the 
throat  is  the  place  generally  cut,  and  the 
cut  will  have  been  about  two  inches 
long. 


37 


CHAPTEE  yill. 

The  Color  as  a  Guide. 

In  horses  of  equal  blood,  not  a  little 
seems  to  depend  on  the  color,  the  dark, 
chestnut  is  proverbially  predisposed  to 
contraction.  The  majority  of  white 
horses  are  those  that  have  become  so  by 
age.  Silver-grey  generally  about  four- 
teen (14)  hands,  round  carcassed,  thin- 
legged  with  oblique  pasterns,  seldom 
sick,  not  fleet  or  capable  of  hard,  work, 
but  good  for  a  lady. 

Iron-grey  is  usually  larger,  higher  in 
withers,  deeper  and  thinner  in  carcass 
and  generally  too  long  in  the  legs,  mostly 
carriage  horses,  have  more  endurance 
than  fleetness,  but  the  feet  are  apt  to  be 
faulty  and  liable  to  contraction  and  yet 
not  so  often  lame. 

Dapple-grey  is  a  handsome  and  better 
horse.  Perhaps  the  best  of  all  the  grays 
are  the  flea-bitten  greys,  brownish 
mottled,  which  seem  to  be  especially 
hardy  and  gentle. 

Piebalds  have  no  particular  character, 
but  make  good  circus  horses. 


38 


Chestnuts,  if  light,  generally  weak 
and  irritable;  especially  if  there  is  white 
on  them. 

Dark  chestnuts  generally  powerful  in 
quarters,  rather  fme  in  the  legs  and 
hard}^,  and  occasionally  of  a  hot  and  un- 
manageable temper. 

Bright  bay  is  least  valuable  and  apt  to 
be  balky.  Dark  ba}^,  no  white,  and  black 
le^s,  best  generally,  have  good  feet  and 
constitution.  Bay-brown  not  so  much 
show  and  action  but  strength  and  en- 
durance. 

Black  horses  by  many  are  especially 
esteemed,  as  thev  are  sho^T',  willing, 
and  generally  have  more  or  less  speed, 
although  they  are  delicate  and  often 
have  faulty  feet.  They  are,  however, 
usually  high  strung,  nervous  animals, 
having  a  proud  disposition  and  stylish 
appearance,  and  as  they  carry  the  head 
and  ears  well,  champ  the  bit,  and  jump 
around  when  touched  with  the  whip,  at- 
tracting attention  to  the  elegant  trap- 
pings and  equipage,  is  all  that  people  of 
a  certain  class  desire,  irrespective  of  the 
cost  of  new  horses  and  doctoring. 

Strawberry-roans  have  inurh  the  same 
characteristics  as  flea-bitten  greys.  They 
are  hardy^  have  plenty  of  endurance  and 
usually  very  docile  and  free  drivers.  As 
buck-skins,  calicoes,  blue-roans  and 
others  are  seldom  seen  outside  of  a 
circus,  I  will  not  describe  their  peculiar- 
ities. 

39 


k 


After  all  a  good  horse  cannot  be  a  bad 
(jolor.  Conformation  is  more  important 
than  color. 

It  is  interesting  to  note  the  different 
dispositions  of  horses  as  indicated  by 
their  color.  It  shows  that  a  full  black 
horse  never  shies;  black  with  white,  sel^ 
dom  shy;  bay,  may  or  may  not;  gray, 
almost  always;  chestniit  always. 

This  table  was  compiled  diiring  the 
feai-ly  days  of  bicycles,  and  at  that  time 
was  presumably  more  or  less  correct.  A 
list  of  military  horses  was  drawn  np  by 
an  officer  sometime  ago  with  the  same 
idea,  which  conf ofms  fairly  well  with  the 
above.  The  behavior  of  the  white  horse 
on  beholding  a  red-haired  girl,  is  not 
considered  in  the  foregoing  table! 


40 


I 


CHAPTEE  IX. 

Points  About  the  Horse. 

Tinder  this  head  I  will  endeavor  to 
point  out  specially  good  or  had  points 
with  reference  to  their  adaptability  for 
certain  uses. 

Expanded  nostril  is  a  striking  feature 
of  the  blooded-horse,  and  the  bright  red 
nostril  denotes  breeding  and  courage. 

A  horse  is  said  to  be  "hare-eyed^^  when 
the  eyes  are  laterally  prominent  and  such 
a  horse  is  usually  looking  behind  to  kick. 

A  horse  at  five  years  of  age  has  forty 
teeth,  twenty-four  are  grinders. 

influenza  often  leaves  a  horse 
"touched^^  in  the  wind  or  "roarers.** 

Horses  with  liver  trouble  are  languid 
and  sleepy  if  left  to  themselves,  but 
ginger  or  salt  in  the  mouth  and  the  use 
of  the  whip  make  them  champ  the  bit. 

Moonblind  horses  shy  easily  and  some- 
times swing  around  rather  awkward  if 
hitched  to  a  four  wheeler. 

Horses  with  feet  turned  outward  are 
liable  to  interfere  and  stumble  and  sel- 
dom have  good  action. 


L 


41 


"Pigeon-toed^'  horses  on  bending  the 
knee  dishes,  are  predisposed  to  stumbling 
and  interfering  and  generally  very  slow. 

Flat-headed  horses  are  liable  to  blind- 
ness. 

A  heavy  lop-eared  horse  is  always  un- 
sightly and  frequently  a  slug. 

The  horse  whose  wind-pipe  is  curved 
usually  have  better  wind  than  others. 

Long-necked  horses  are  generally 
weak  and  predisposed  to  roaring,  but 
fat,  short-necked  horses  have  good  wind, 
but  are  prone  to  congestion  of  the  brain. 
Narrow  chested  horses  are  more  subject 
to  broken-wind,  while  circular  chests  are 
often  indicative  of  thick  wind.  The  nar- 
row chested  horses,  however,  being  gen- 
erally well  bred,  but  predisposed  to  in- 
terfering. 

Horses  with  erect  pasterns  are  pre- 
disposed to  knuckle. 

Horses  with  shoulders  well  inclined 
forward  have  generally  better  action  and 
safer  for  saddle.  The  back  of  the  horse 
should  be  short  and  rather  arched  over 
the  loins,  having  the  tail  set  in  rather 
high.  The  body  should  be  deep  and  well 
ribbed  up.  Upright  shoulder  is  better 
for  harness  horse. 

Horses  having  white  feet  and  legs, 
flat  feet,  seem  to  be  specially  liable  to 
canker. 

42 


\ 


White  hair  denotes  thin  skin,  especially 
in  the  legs  and  such  horses  are  more  dis- 
posed to  swelled  legs  and  cracked  heels, 
as  well  as  other  diseases. 

Horses  with  high  withers  usually  have 
good  action  and  speed,  but  are  generally 
narrow  chested. 

Horses  with  high  back  bones  or  withers 
are  apt  to  be  chafed  by  harness  or  saddle 
and  have  sore  backs. 

In  thoroughbred  horses  the  direction 
of  the  haunch  is  almost  straie^ht.  Cow- 
hocks  prone  to  curb;  so  often  called 
curby-hocks. 

Ewe-necked  horses  are  those  whose 
necks  are  hollowed  above  and  arched 
below. 

The  short  horse  is  generally  the  best 
for  all  round  use  and  possesses  greater 
health  and  hardiness. 

Saddle  or  sway-backed  horses,  that  is 
somewhat  hollow-backed,  are  liable  to  be 
weak,  and  get  easily  strained,  but  are 
easy  goers. 

Blooded  horses  are  particularly  liable 
to  contraction  because  the  foot  is  small 
and  disposed  to  become  narrow  at  the 
heel. 

The  easiest  place  to  examine  the  beat- 
ing of  the  heart,  is  immediately  behind 
the  elbow  on  the  left  or  near  side. 

A  long  ear  well  carried  is  a  sign  of 
blood. 


L 


43 


Short  ribbed  horses  are  the  best,  that 
is,  the  last  rib  and  huckle  bone  or  hip 
are  near  together. 

The  short  quartered  horse  is  particu- 
larly strong  and  denotes  good  jnmper. 

Horses  with  straight  Mnd  legs  never 
have  much  action;  the  same  is  true  of 
cow-hocked  horses. 

A  full,  swelling  forearm  characteristic 
of  every  thoronghbred. 

Signs  of  old  age  are  grey  hairs,  par- 
ticularly arotind  the  eyes  and  mouth; 
thinness  and  hanging  down  of  the  lips; 
sharpness  of  withers;  hollow  back; 
lengthening  of  quarter;  hollows  over  the 
eyes.  Some  young  horses,  however,  have 
hollows  over  the  eyes. 

IsTever  use  a  snaffle  bit  on  a  horse  that 
lolls  his  tongue,  but  a  bar  bit. 

Horses  with  narrow  jaws  are  usually 
the  ones  that  loll  the  tongue. 

It  is  said  that  mares  are  less  likely  to 
have  colic  than  geldings,  and  are  cer- 
tainly hardier  and  have  greater  endur- 
ance. 

Generally  in  a  team  there  will  be  one 
very  good  horse,  while  the  other  will  not 
be  so  good  or  sound. 

Firing  a  horse  is  never  indulged  in  un- 
less for  some  long  continued  lameness, 
which  would  not  yield  to  the  ordinary 
treatment. 

The  scars  tell  the  tale. 
Eheumatism,  in  the  joints  of  the  lege, 

u 


particularly  if  chronic,  is  very  hard  to 
locate  and  often  confounded  with  other 
causes  of  lameness. 

The  pulse  in  a  healthy  horse  heats 
about  forty  times  in  a  minute,  but  in 
different  horses  may  vary  from  five  be- 
low or  above  that  number.  In  coarse 
bred  horses  it  beats  less  often  than  in 
thoroughbreds. 

The  profile  of  a  horse  is  supposed  by 
many  to  be  indicative  of  temper.  The 
roman-nosed  horse  is  usually  a  good  tem- 
pered, hardy  beast,  ready  enough  to  feed, 
but  not  always  perhaps  so  ready  to  work, 
but  will  do  his  duty  if  treated  kindly. 
He  has  no  extraordinary  pretension  to 
speed  or  blood. 

On  the  other  hand  a  depression  across 
the  centre  of  the  nose  generally  indicates 
some  breeding,  especially  if  the  head  is 
small,  but  occasionally  accompanied  by  a 
vicious  uncontrollable  disposition. 

No  surer  criterion  of  a  well  bred  horse 
than  a  broad  angular  forehead,  prominent 
features  and  a  short  face. 

Horses  with  little  breeding  have  nar- 
row foreheads  and  small  features. 

A  spavined  horse  is  stiff  on  starting. 

In  inflammation  of  the  bowels,  the 
symptoms  are  much  the  same  as  in  colic, 
the  horse  rolls,  paws,  sweats  and  appears 
greatly  excited. 

Horses  with  coughs  will  cough  most  in 
the  morning  and  after  drinking  water. 

45 


I  have  heard  that  a  horse^s  spirit  may 
be  judged  by  lifting  the  tail,  and  there 
seems  to  be  some  truth  in  it,  as  for  the 
spirited  proud  horse,  considerable 
strength  is  necessary,  while  the  old  or 
spiritless  horse  without  ambition,  the 
tail  is  easily  raised.  This  is,  however,  a 
somewhat  dangerous  pastime. 

A  horse  that  carries  his  tail  high,  es- 
pecially if  docked,  is  seldom  mean,  so  it  is 
with  the  horse  carrying  the  ears  forward, 
is  usually  well  bred  and  "honest^^;  while 
the  mean-dispositioned  horse  will  scarcely 
raise  his  tail  at  all.  Old  horses  also 
carry  the  tail  close  to  the  body  very  gen- 
erally. 

The  front  feet  and  hind  legs  are  most 
often  diseased. 

ISTotice  how  a  horse  is  shod,  as  often- 
times this  will  disclose  faults. 

Polo  ponies,  on  account  of  the  twisting 
about  they  get  in  the  game,  have  fre- 
quently shoulder  lameness,  sprained 
backs,  etc. 

A  good  judge  of  a  horse  will  never  ask 
questions,  but  rely  on  his  knowledge  of 
the  horse  for  his  conclusion. 

It  is  very  hard  to  lay  down  a  rule  for 
establishing  the  value  of  horses,  for  a 
horse  unsuited  for  one  purpose  may  be 
well  adapted  for  another. 

For  instance,  a  badly  scarred  horse, 
46 


perfectly  sound,  would  not  bring  much 
as  a  carriage  horse,  but  might  be  "just 
the  thing"  for  farm  work. 

The  saddle  is  hard  to  keep  from  slip- 
ping back  on  what  is  called  a  "shad- 
bellied"  horse.  He  is  also  described  as 
having  a  sloping  barrel. 

Cowboys  refer  to  vicious  horses  as 
being  "smoky." 

Branded  horses  sell  for  less  than  those 
free  from  such  marks,  and  many  will 
not  buy  them  at  any  price.  As  they  are 
Western  horses,  broken  and  roughly 
handled  by  cowboys,  many  of  them  are 
triekv,  mean,  and  untrustworthy;  and 
as  I  heard  a  man  say,  he  would  not  buy 
a  mustang  because  he  had  to  break  him 
every  time  he  "hitched  him  up !" 


47 


CHAPTEE  X. 

Tricks  of  the  Trade. 

In  no  business,  perhaps,  are  there  as 
many  tricks  and  devices  used  to  take  in 
the  unwary.  It  has  been  said,  and  with 
a  good  deal  of  truth,  too,  that  one 
brother  will  cheat  another  when  selling 
a  horse,  and  indeed  no  one  seems  ad- 
verse to  disposing  of  an  unsound  horse 
to  the  unsuspecting  at  the  price  of  a 
sound  one.  The  custom  then  appears  in 
horse  trading  to  be  "do  your  neighbor  or 
he  will  do  you  V 

If  I  were  to  write  about  the  tricks  and 
methods  employed  by  low  dealers  and 
others,  I  could  fill  a  large  volume,  so  I 
must  confine  myself  to  the  more  impor- 
tant and  most  frequently  used  devices. 

In  certain  Sunday  newspapers  are 
many  seductive  advertisements,  statins: 
that  on  account  of  the  death  of  the 
owner,  the  heirs  are  selling  for  quarter 
value  the  contents  of  his  stable,  or  it  may 
read,  "lady  going  abroad,^^  "^T^usiness  re- 
verses,^^  "giving  up  driving,^''  or  a  dozen 
other  fictitious  reasons,  but  in  almost 
every  case  the  proprietor  of  such  a  stable 
is  a  dealer,  whose  face  is  seen  at  every 

48 


auction,  and  who  generally  makes  yon 
pay  dearly  for  your  experience,  in  spite 
of  the  fact  that  the  adyertisement  may 
state  "No  cash  offers  refused  in  order  to 
effect  immediate  sales/^ 

These  fellows  haye  liyeried  men  in  the 
stables  and  seem  to  be  exceedingly  pros- 
perous. They  generally  purchase  yery 
cheap  horse  goods  and  harness  which  are 
gotten  np  showily  but  wear  yery  poorly. 

A  case  came  under  my  notice  not  long 
ago,  where  the  yictim  desired  to  purchase 
an  English  saddle  and  bridle,  so  he  has- 
tened to  one  of  these  stables,  fearing  he 
would  lose  a  rare  opportunity  to  get  what 
he  wanted  at  yery  attractiye  figures.  The 
man  in  charge  showed  him  a  yery  cheap 
outfit  and  had  the  effrontery  to  ask  $45, 
and  appeared  entirely  indifferent  whether 
he  sold  the  saddle  and  bridle  or  not.  At 
all  eyents,  after  haggling  for  some  time 
(the  purchaser  was  a  Yankee),  he  bought 
them  for  $17.50,  and  eyen  then  he  paid 
too  much  by  about  $9.  Of  course  they 
moye  around  frequently  and  change  the 
wording  of  the  adyertisement  often. 

A  friend  of  the  writer^s  bought  at  auc- 
tion, not  long  ago,  what  appeared  to  him 
a  fine  work  horse  for  $75,  haying  the 
usual  guarantee  as  to  soundness,  wind 
and  so  forth,  and  forty-eight  hours  trial. 
He  worked  the  animal  moderately  iind 
was  'much  pleased  with  his  purchase, 
when  on  the  third  day,  or  shortly  af^er 

49 


the  expiration  of  the  warranty,  the 
horse  dropped  dead  in  harness,  and  snch 
was  his  low  condition  that  dev  omposition 
set  in  almost  immediately,  althoii^h  tlie 
day  was  cold.  He  had  been  sufficiently 
drugged  to  "keep  him  over"  the  two 
days. 

1  have  in  mind  another  gentleman  who 
bought  a  horse  "at  the  halter"  for  a  mere 
song,  that  is,  without  a  trial  of  any  sort, 
which  he  intended  to  use  as  a  family 
horse.  He  rode  him  home  and  gave 
orders  to  have  him  harnessed  to  the  car- 
riage the  next  morning.  As  soon  as  he 
had  been  harnessed  he  lay  down  (this 
sort  of  horse  is  called  a  "jibber"),  and 
coaxing  and  persuasion  were  all  to  no 
avail.  He  refused  to  get  up  until  the 
harness  had  been  removed.  Of  course 
he  was  taken  back  to  the  dealer,  who 
said  blandly,  "Bless  your  heart*,  did  I  not 
say  yesterda}^  that  it  would  do  you  good 
to  see  that  horse  drive?" 

However,  he  was  a  good  saddler  and 
the  new  OA^nier  disposed  of  him  ^or  that 
purpose.  The  excuse  the  dealer  gave 
for  not  having  him  harnessed,  was  that 
all  his  harness  was  in  use. 

A  common  trick  is,  if  you  nppear  very 
anxious  to  buy  a  certain  horse,  but  do 
not  wish  to  pay  quite  as  mMch  as  the 
dealer  asks,  to  have  a  confederate  on 
hand  who  purchases  the  horse  and  then 
tries  to  sell  him  back  to  you  for  a  few 

50 


dollars  more,  or  who  is  willing  to  take 
him  if  you  do  not.  Again,  if  you  have 
tried  one  of  his  horses  and  apparently 
like  him,  and  promise  to  let  Lim  know 
the  next  day  if  you  want  him  or  not,  he 
will  have  a  man  come  in  while  you  are 
talking  and  ask  if  the  horse  is  ready  to 
he  taken  away  to  so-and-so  who  wants  to 
try  him  for  a  few  days,  and  naturally  this 
ruse  makes  you  give  an  answer  at  once. 

If  you  seem  to  him  especially  green  or 
-anxious  to  get  a  particular  horse,  he  will 
pay  little  attention  to  you,  making  out  he 
does  not  really  care  to  sell  this  horse,  as 
"he  is  the  horse  all  my  lady  customers 
insist  upon  driving,^^  and  ask  you  two  or 
three  times  as  much  as  he  would  gladly 
take,  and  if  you  make  him  a  counter 
offer  in  excess  of  his  real  price,  he  is  too 
much  of  a  philosopher  to  show  any  de- 
light, hut  laughs  at  you,  or  perhaps  offers 
to  "split  the  difference/^  They  are  keen 
judges  of  human  nature  and  very  clever 
salesmen  and  profit  hy  it  accordingly. 

On  the  other  liaiiu,  if  you  try  to  dis- 
pose of  a  horse  to  him,  he  will  not  care 
to  huy  any  more,  as  "the  business  has  all 
peted  out,  since  the  introduction  of 
trolley  cars  and  bicyeles,^^  or  perhaps  he 
will  say,  "he  has  twenty  or  thirty  horses 
laughing  out  the  door  at  me  now!^^  or 
that  it  is  not  a  horse  that  could  be  readily 
disposed  of,  and  be  kind  enough  to  point 
out  every  blemish  real  or  imaginary. 

51 


Trading  or  exchanging  horses  is  also 
very  profitable  to  the  dealers,  as  they 
will,  nine  times  out  of  ten,  allow  yon  very 
little  for  your  horse,  although  he  may  be 
a  good  animal,  and  ask  a  big  price  for 
their^s,  or  allowing  you  apparently  a  fair 
price. 

If  a  horse  has  a  quarter  crack  they  will 
fill  the  opening  with  rosin  and  then  paint 
the  hoofs  either  with  ointment  or  foot 
dressing,  so  that  the  fissure  is  almost 
obscured.  They  will  use  dye  or  axle 
grease  to  change  the  color  of  white  hairs, 
or  to  make  a  horse  a  solid  color. 

I  have  heard  that  in  order  to  give  a 
horse  high  knee  action  they  will  blindfold 
them  and  check  up  their  heads  very  high, 
then  drive  them  over  uneven  ground,  so 
that  the  horse  must  step  high  for  fear  of 
stumbling.  Also  they  will  ride  him  over 
bundles  of  straw,  thus  making  the  horse 
step  very  high. 

After  several  lessons  and  plenty  of 
ginger,  they  -may  appear  on  trial,  as  very 
high  steppers,  but  soon  lose  the  high 
action. 

I  knew  a  person  who  sent  in  his  mare, 
a  young,  sound,  well  bred,  high  spirited 
animal,  to  a  certain  sale  taking  place 
after  the  horse  show  in  ^ew  York  City, 
and  as  he  then  had  perfect  confidence  in 
dealers,  he  did  not  bother  to  attend  the 
sale  or  have  any  one  to  represent  him, 

52 


and  as  he  received  no  word  from  the  firm 
who  had  the  sale,  wrote  them  inquiring 
as  to  the  disposition  of  his  mare,  and,  to 
his  utter  astonishment,  received  a  reply 
to  the  effect  that  as  the  horse  was  not 
sold  at  the  sale,  they  would  have  to 
charge  the  usual  commission,  which  was 
$15,  as  the  "expenses  were  very  heavy,^^ 
and  twenty-three  days  board  at  $1  a  da}^, 
making  $38  in  all. 

The  mare  came  back  almost  irreparably 
wrecked  in  health  and  had  the  appear- 
ance of  a  horse  who  had  pleniy  of  work 
and  no  feed. 


53 


CHAPTEE  XI. 

Legal  Points  on  Buying  a  Horse. 

The  foregoing  chapters  deal  entirely 
with  the  purely  physical  and  material  as- 
pect of  a  horse  sale,  and  this  volume 
would  scarcely  be  completed  unless  some 
references  were  made  to  the  strictly  legal 
side  of  the  matter. 

The  sale  and  purchase  of  a  horse  may 
well  involve  as  many  and  as  complicated 
phases  of  law  as  the  sale  of  any  other 
chattel,  and  it  is  a  matter  of  record  that 
more  law  suits  grow  out  of  horse  sales 
than  from  the  sales  of  any  other  chattels 
or  things  with  which  we  have  to  do  in 
our  every  day  lives.  The  reason  for  this 
is  a  very  simple  one,  the  horse  is  very 
seldom  sold  except  on  certain  representa- 
tions or  warranties  on  the  part  of  the 
vendor,  and  it  is  when  these  representa- 
tions are  false,  or  there  is  a  breach  of 
warranty,  that  the  trouble  ari-es 

When  a  vendor  makes  a  simple  state- 
ment that  he  will  sell  a  horse  for  a  cer- 
tain figure,  and  the  vendee  pays  the  price 
specified,  there  is  no  warranty  except 
that  of  ownership,  the  vendor  is  pre- 
sumed to  have  the  right  to  sell,  but  the 
vendee  buys  entirely  at  his  own  risk  as 

54 


to  the  value  or  qualities  of  the  horse  pur- 
chased. Should  the  horse  prove  value- 
less, he  has  no  redress. 

As  a  general  rule,  however,  when  one 
person  is  desirous  of  selling  a  horse  to 
another,  he  is  very  apt  to  make  state- 
ments in  regard  to  the  animal,  the  effect 
of  which  will  be  to  induce  a  sale,  and 
when  these  statements  are  material,  and 
are  the  basis  on  which  the  horse  is  sold, 
then  any  falsehood  or  misrepresentation 
is  actionable,  and  the  vendee  has  his 
remedy  at  law. 

It  is  not  the  purpose  of  the  writer  to 
enter  into  a  lengthy  treatise  on  the  sub- 
ject of  the  law  governing  horse  sales,  for 
to  go  properly  into  the  subject  would  re- 
quire a  whole  volume. 

The  present  chapter  will  be  confined 
entirely  to  a  very  brief  synopsis  of  the 
law  as  regards  breach  of  warranty  and 
fraudulent  representations. 

First  as  regards  a  warranty.  The  re- 
presentations upon  which  the  warranty 
is  founded  can  be  made  at  any  time  dur- 
ing the  negotiations,  but  at  the  time  of 
closing  the  bargain  it  must  be  evident 
that  these  representations  entered  into 
the  bargain  and  were  one  inducement 
to  it. 

Again.  Since  a  warranty  is  considered 
at  law  a  distinct  contract,  it  follows  that 
a  warranty  made  after  the  bargain  has 
been  closed,  must  have  a  new  and  dis- 

55 


tinct  consideration.  .  If,  therefore,  A  sells 
a  horse  to  B  and  at  some  time  subsequent 
B  asks  A  to  warrant  the  horse,  and  A 
does  so,  this  warranty  is  ab.ioliitely  value- 
less, unless  B  pays  A  something  for  it. 

A  warranty  may  be  expressed  in  words 
or  signs,  written  or  spoken,  may  be 
limited  as  to  time  or  to  specified  vices  or 
diseases,  or  in  any  other  manner,  the 
only  question  being  the  intent  of  the 
parties,  and  this  is  a  matter  of  proof. 

In  purchasing  a  horse  v/hich  is  war- 
ranted, the  vendee  should  by  all  means 
secure  so-me  memorandum  in  writing  to 
that  effect  signed  by  the  vendor,  not  be- 
cause it  is  absolutely  necessary,  but  be- 
cause it  is  so  easily  susceptible  of  proof, 
and  because  it  will  go  a  long  way  in  keep- 
ing him  out  of  court.  No  one  will  will- 
ingly enter  into  litigation  when  he  knows 
that  the  evidence  of  his  own  signature 
will  be  used  against  him. 

In  buying  a  horse  from  an  agent;  the 
vendee  should  remember  that  unless  he 
is  sure  that  he  can  prove  the  agenfs  au- 
thority to  warrant  the  animal,  that  a  war- 
ranty though  given  may  be  valueless; 
there  are  certain  cases  in  which  this  au- 
thority will  be  implied,  for  a  principal  as 
bound  by  the  acts  of  his  agent,  which  he 
knowingly  allows  him  to  commit  as  such, 
and  if,  therefore,  the  vendee  can  prove 
that  the  warranty  given  by  the  agent  was 
with  full  knowledge  and  consent  of  the 

56 


principal,  he  can  hold  him  thereon.  The 
safest  course  would  be  to  get  the  war- 
ranty from  the  principal  direct. 

A  breach  of  warranty  does  not  of 
necessity  involve  fraud,  in  other  words, 
it  is  entirely  immaterial  whether  the 
vendor  knew  of  the  existence  of  the  dis- 
ease or  vice,  or  whatever  it  may  be,  he 
warranted  against.  A  vendor  may,  in 
absolute  good  faith,  warrant  a  horse,  and 
still  be  liable,  if  there  prove  to  be  a 
breach  of  warrantv.  His  good  faith  in 
the  matter  is  absolntelv  no  defense. 

In  a  very  recent  case  in  the  Supreme 
Court  of  New  Jersey,  decided  [N'ovember 
9,1903,  the  Court  said: 

"It  is  safe  to  assert  that  no  ease  can  be 
"found  in  this  country,  or  in  England, 
"where  the  declaration  courts  upon  the 
'T3reach  of  an  absolute  contract  of  war- 
"ranty,  in  which  it  has  been  held  that 
"plaintiff  must  prove  the  screnter.^^ 
(knowledge  of  the  vendor). 

A  general  warranty  does  not  usually 
extend  to  defects  apparent  on  simple  in- 
spection, requiring  no  skill  to  determine 
them,  nor  to  defects  known  to  the  buyer^ 
for  the  reason  that  the  warranty  could 
not  have  operated  as  an  inducement  to 
the  sale.  In  the  purchase  of  a  horse, 
therefore,  which  has  something  appar- 
ently the  matter  with  it,  one  which  per- 
haps may  be  considered  only  temporary, 
the   vendee    should   be   very   careful   to 

57 


have  the  warranty  SDecifically  cover  the 
point,  otherwise  he  may  meet  with  the 
above  as  a  defence  when  he  brings  his 
action. 

The  second  cause  for  litigation  growing 
out  of  horse  sales  is  fraud. 

"Fraud  is  every  kind  of  artifice  em- 
ployed by  one  person  for  the  purpose  of 
deceiving  another. 

The  chief  essentials  of  actionable 
fraud  are  as  follows: — 

1.  The  false  representations  or  artifice. 

2.  The  knowledge  (scr enter)  of  the 
vendor. 

3.  The  deception  of  the  vendee. 

4.  Party  deceived  must  be  damaged 
In  other  words,  there  must  be  first  a 

false  statement  or  renresentation.  The 
vendor  >must  have  full  knowledge  of  its 
falsehood  (when  the  law  will  imply  an  in- 
tent to  deceive),  the  vendor  must  rely 
on  the  truth  of  the  same,  and  in  so  rely- 
ing suffer  damage. 

If  a  vendor  makes  a  representation 
which  he  does  not  know  to  be  true,  such 
as  to  say  that  a  horse  is  capable  of  trot- 
ting a  mile  in  a  certain  time,  when  he 
has  absolutely  no  means  of  knowing 
whether  it  can  or  cannot,  his  ignorance 
is  wilful,  and  will  not  excuse  him..  But 
an  honest  statement  of  opinion  given 
purely  as  such  is  not  actionable. 

Again,  if  a  statement  or  representa- 
tion is  made  respecting  a  horse,  and  the 

58 


vendee  puts  it  to  the  test,  tries  the 
horse,  or  has  others  try  it  for- him,  has  a 
veterinary  examine  it,  etc.,  showing  that 
he  has  placed  no  faith  in  the  representa- 
tions, then  he  cannot  set  up  his  deception 
by  the  vendor,  and  has  no  action  if  he 
afterwards  purchase  the  animal,  and 
finds  he  has  made  a  had  bargain. 

Lastly.  He  must  suffer  damages  for  it, 
it  is  an  old  maxim  that  works  both  ways 
— "Fraud  without  damage  and  damage 
without  fraud,  gives  no  cause  of  action/^ 

In  conclusion,  somewhat  should  be 
said  as  to  the  course  to  be  taken  by  the 
party  injured  by  fraud.  As  a  general 
rule,  the  buyer  will,  on  discovery  of  his 
injury,  have  a  right  to  rescind  the  con- 
tract, return,  or  offer  to  return,  the  ani- 
mal, and  recover  the  amount  paid.  This 
he  must  do  within  a  reasonable  time.  Tn 
case  of  breach  of  warranty  he  need  not 
return,  or  offer  to  return,  the  horse,  but 
may  sue  for  damage  on  breach  of  the 
contarct  of  warranty,  and  the  measure  of 
damage  will  be  the  difference  bet\veen 
the  real  value  established  by  evidence 
and  the  price  paid. 

In  one  case,  fraud,  the  action  is  in 
tort,  and  in  the  other,  for  breach  of  war- 
ranty, on  contract. 

In  any  case,  however,  the  wisest 
course  for  a  person  who  finds  he  l.^as 
been  injured  in  any  way,  is  to  go  at  oi.ee 
to  a  reputable  attorney  for  advice.    The 

59 


laws  of  the  various  States  differ  to  a  cer- 
tain extent,  and  the  scope  of  the  present 
work  is  too  limited  to  admit  of  a  full 
treatment  of  the  various  procedures  at 
law.  No  layman  can  moreover  manage 
his  own  case  without  grave  risk  of 
failure,  and  of  throwing  away  good 
money  after  bad.  Get  the  best  legal  ad- 
vice attainable,  and  act  on  it  at  once. 

The  purpose  of  this  chapter  is  ^merely 
to  point  out  in  a  general  way  the  chief 
causes  of  litigation,  so  that  they  may  be 
if  possible  avoided,  and  to  so  direct  the 
reader  that  he  may,  if  injured  in  spite  of 
using  every  care,  be  in  a  good  position  to 
seek  redress  at  law.  The  best  advice  that 
the  writer  can  give  is  this :  Be  as  careful 
as  possible  with  whom  you  are  dealing, 
have  every  phase  of  the  contract  mutually 
understood,  and  have  the  contract  of 
warranty  in  writing  if  possible.  The 
more  care  taken  before  the  purchase,  the 
less  chance  there  will  be  for  litigation 
afterwards. 


60 


TIME*      PUBLISHING      CO. 
ELIZABETH,     NEW    JCRSE1 


